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64th CoNiiREss / <rvAir j Document 

Jst St'sslon ) .I..NA11-. ^ No. 394 



UNALLOTTED LANDS OF THE 

CREEK NATION 



LETTER 

OF 



THE OFFICERS OF THE CREEK NATION TO 
SENATOR ROBERT L. OWEN URGING THE 
PASSAGE OF THE JOINT RESOLUTION (S. J. R. 
Ill) WITHHOLDING FROM ALLOTMENT THE 
UNALLOTTED LANDS OR PUBLIC DOMAIN 
OF THE CREEK NATION OR TRIBE OF IN- 
DIANS, AND PROVIDING FOR THE SALE 
THEREOF, AND FOR OTHER PURPOSES 




PRESENTED BY MR. OWEN 
March 23, 1916. — Referred to the Committee on Printing 



WASHINGTON 
GOVERNMENT PRINTING OFFICE 

1915 






REPORTED BY MR. CHILTON. 

In the Senate of the United States, 
March 30 {calendar day^ April 9), 1916. 

Resolved^ That the manuscript submitted by the Senator from 
Oklahoma (Mr. Owen) on March 23, 101(5, entitled '' Memoriul of 
Creek Nation as to withdrawal of certain tribal lands from allot- 
ment," by R. C. Allen, national attorney for Creek Nation, be printed 
as a Senate document. 

Attest : 

Jamks M. Bakei;. 



D. of D. 
APR 22 1916 



LETTER OF TRANSMITTAL. 



Room No. 209, Indian Office, 

Washington, D. C ., March U, 1916. 
Hon. Robert L. Owen, 

United States Senate, Washington, D. C. 
My Dear Senator : I am inclosing herewith a letter signed by the 
officers of the Creek Nation, urging the passage of your resolution 
withholding from allotment the unallotted lands or public domain 
of the Creek Nation. 

If it is possible to have this letter, with inclosures, printed as a 
Senate document I wish you would send me as many copies as can 
be obtained. 

Very respectfully, 

R. C. Allen, 
National Attorney for the Creek Nation. 



MEMORIAL OF CREEK NATION AS TO WITHDRAWAL OF CERTAIN TRIBAL 
LANDS FROM ALLOTMENT. 



Room No. 209, Indian Office, 

Washington, D. C, March 18, 1916. 
Hon. Robert L. Owen, 

United States Senate, Washington, D. C. 

My Dear Senator: Referring to Senate joint resolution 114, with- 
holding from allotment the unallotted lands or public domain of the 
Creek Nation or Tribe of Indians and providing for the sale thereof, 
and for other purposes, we desire to call your attention to the pressing 
importance of the passage of this resolution at this time. 

During the last session of Congress a similar provision was intro- 
duced in the House of Representatives by Mr. Murray and in the 
Senate by you. Exhaustive hearings were had before the Com- 
mittee on Indian Affairs of the House of Representatives and also 
before the Committee on Indian Affairs of the Senate, and the printed 
hearings contain a full discussion of this proposed legislation. 

Just after the adjournment of the Sixty-third Congress the Presi- 
dent entered an Executive order withdrawing all unallotted lands 
of the (^reek Tribe of Indians from allotment pending the enactment 
of legislation by Congress. Mr. Murray during the present session 
of Congress has again introduced this joint resolution in the House. 

We are transmitting herewith, for your information, the following 
inclosures : 

Copy of a letter to Hon. Cato Sells, Commissioner of Indian Affairs, 
dated March 9, 1915. 

Copy of a letter from the Secretary of the Interior to the President, 
reconnnending the withdrawal of these lands from allotment, dated 
March 11,1915. 

Copy of an order signed by the Secretary of the Interio^r on March 
11, 1915, and approved by the President on March 13, 1915. 

Copy of a letter from the Commissioner of Indian Affairs to Hon. 
William H. Murray, dated December 3, 1915. 

We are now about to compromise one of the many cases pending 
in the United States court to cancel allotments, and which allotments 
are being sought by enrolled members of the tribe who have, in most 
cases, abandoned other allotments they were seeking to file upon and 
secure allotments of greater value. One such person is a freed- 
woman named Lula Butler, who has attempted to file upon the 
Coker allotment, involved in the litigation we are trying to settle. 
Should this case be compromised, the allotment will revert to the 
Creek Nation, and Lula Butler will be paid a consideration in cash 
to relinquish her claim. If at that time Congress has not withdrawn 



5 UNALLOTTED LANDS OF THE CKEEK NATION. 

these lands from allotment, some other alleged enrolled and unal- 
lotted citizen or freedman of the Creek Nation Avill cloud the title 
by filing upon the land. 

It seems to us that this resolution has much merit and that the 
justness to the other members of the tribe is apparent of enacting this 
laAv. -which Avill prevent a few oil men, lawyers, and citizens from 
combining and securing several allotments, worth more than 
$1,000,000 each, when Congress knows that the average allotment in 
the Creek Nation is not worth more than $2,000, if that much, and 
was valued at from $80 to $1,040 for the purpose of fixing values to 
equalize allotments. 

We do not believe that the resolution, if understood, will have any 
opposition. 

You will remember that the Indian appropriation act for the year 
ending June 30, 1915, carried a provision for the enrollment of 65 
Creek citizens. Every one of these people were as much entitled, 
and more so, to a valuable allotment as any one of these 6 or 7 
Creeks who are seeking these allotments, for these 65 were the poor 
unfortunate Creeks who, though entitled originall}' to be enrolled 
and allotted, through some misfortune, in most cases due to their 
inability to understand their rights, were left off the rolls, while 
these 6 or 7 were smart enough (most of them are freedmen) to 
get on the rolls, and have not been allotted because ever since they 
Avere enrolled they have been trying to get lands more valuable than 
their neighbor and have been deprived of doing so at the expense to 
the rightful allottees of prolonged contests. 

NotAvithstanding these facts Congress enrolled these 65 and pro- 
vided, in order to keep them from getting these valuable allotments, 
that they should be paid $800 in lieu of an allotment of land. Why 
pay these poor unfortunate full bloods $800 and allow a few freed- 
men to receive more than $1,000,000 to be divided between them and 
the oil men and lawyers, who are financing their claim ? We are not 
yet persuaded that Congress will do the tribe of Indians we repre- 
sent this great injustice. 

We earnestly urge prompt consideration of the resolution proposed 
by you and sincerely hope that Congress will not longer stay its 
l^assage. 

Very respectfully, 

MoTv Tiger, 
Pnnelpal Chief, Creek Nation. 
G. W. Grayson, 
National Interpreter. 
R. C. Allen, 
National A ttorney. 

K(xi>i No. 209, Indian Office, 

Washington, D. C. March 9, WIS. 
Hon. Cato Sells. 

Commissioner of Indian Affai?'S. Washington, D. C . 
Sir: I have the honor to again call your attention to a mnubor of 
reported filings of alleged Creek citizens on valuable oil lands in the 
Creek Nation, and to suggest, if I may, a procedure which, I think 
will result in reserving these lands for the entire tribe. 



UNALLOTTED LANDS OF TliE CKEEK NATION. 7 

There is now pending in the United States court for the eastern 
district of Oklahoma the case of the United States v. Bessie Wildcat 
et al., alleged heirs of Barney Thlocco, intended to cancel the allot- 
ment certificate and patent issued to Barney Thlocco, in which it is 
alleged that this allottee died prior to April 1, 1880, and was there- 
fore not entitled to an allotment. 

This allotment is now producing approximately 9,000 barrels of 
oil daily. The lowest estimate any experienced oil man places upon 
the value of production is $200 per barrel. Based upon this valua- 
tion the Thlocco allotment would at this time bring at least $1,800,000. 
It is confidently believed that this production will be largely in- 
creased, as there have been drilled only about 11 wells on the entire 
tract at this time. 

Some time ago an alleged citizen of the Creek Nation by the name 
of David Bowlegs, and subsequently another, Jack Elton Wilson, 
filed with the superintendent for the Five Civilized Tribes, at Musko- 
gee, application to be permitted to file upon this allotment. 

Another very important case is the United States v. Minnie 
Atkins et al., involving the alleged fraudulent allotment made to 
Thomas Atkins. Upon the theory that Thomas Atkins never lived, 
being a mere myth, this action was brought in the United States 
court, at Muskogee, to cancel the allotment certificate and patent 
issued to Thomas Atkins. 

Recently an alleged newborn Creek Freedmaft, Quentin Garrett, 
filed with the United States superintendent at Muskogee an appli- 
cation to be allotted this land. The allotment is worth more than 
$1,000,000 at this time, and was nearly as valuable when Quentin 
Garrett first sought to have it allotted to him. 

In addition to these cases there are a number of allotments in the 
Creek Nation of great value, being sought in allotment by members 
of the tribe. 

I deem it unnecessary at this time to discuss this matter at any con- 
siderable length, or to call attention to the reasons why prompt and 
aggressive action should be taken by the Department of the Interior 
to save these lands for all the members of the tribe. 

The question involved here was the subject of exhaustive hearings 
before the Committee on Indian Affairs of the House of Repre- 
sentatives and of the Senate during the recent session of Congress, 
and a joint resolution having for its purpose the withdrawal of all 
unallotted lands in the Creek Nation on account of the great value 
of the allotments being sought by individual members of the tribe 
was favorably reported by the Committee on Indian Affairs of the 
House of Representatives, which joint resolution finally passed the 
House just a few days before the adjournment of Congress. 

The Indian bill, which failed of passage, contained the following 
provision : 

No future allotment shall be uuide in the Creek Nation except as may be 
hereafter authorized by Congress. 

I am advised that this provision of the Indian bill was finally 
agreed upon by the conferees of the House and Senate. 

In view of the great expense that will necessarily be incurred in 
the cancellation of the patents heretofore issued to alleged citizens 
of the Creek Nation, conveving the legal title of the tribe to these 



8 UNALLOTTED LANDS OF THE CREEK NATION. 

extraordinarily valuable allotments, and the apparent injustice that 
would result in so inequitable a distribution of the lands of the 
Creek Nation should an}' one citizen of the tribe be permitted to 
receive one of these allotments, and the indorsement the proposal has 
received in both the House and Senate, I respectfully request that an 
Executive order be recommended temporarily withdrawing from 
allotment all of the unallotted public domain of the Creek Nation. 

Section 46 of the original Creek agreement, approved March 1. 
1901, provides: 

All things necessary to carry into effect the provisions of this agreement not 
otherwise herein specifically provided for shall be done under authority and 
direction of the Secretary of the Interior. 

This same agreement provides in effect that the lands of the Creek 
Tribe of Indians shall be equally divided among the members of the 
tribe. Similar provisions were contained in the supplemental agree- 
ment. 

I am very strongly of the opinion that the Secretary of the Interior 
not only has the power, but that it is his plain duty, to deny any 
citizen of the Creek Nation the right to file upon any allotment of 
land of excessive value under existing laws. However, out of an 
abundance of caution, the order suggested should be procured. 
Very respectfully, 

R. C. Allen. 
Natioiml A ttorney. 

Dp:paktment or the Interior, 

W ashington^ March 11^ 191o. 

My Dear Mr. President: I have the honor to transmit herewith an 
order this day signed by me, withdrawing temporarily from allot- 
ment pending the enactment of legislation by Congress, the remain- 
ing tribal lands of the Creek Nation of Indians. 

There are three suits pending in the United States court for the 
eastern district of Oklahoma, brought on behalf of the Creek Nation, 
involving the title of said nation to the beds of the Arkansas and 
Cimarron Rivers within said nation. It is estimated that the prop- 
erty involved in said suits is worth approximately $22,000,000. 
There arc also pending in said court a number of suits brought on 
behalf of the Creek Nation for the recovery of certain tracts of land 
erroneously allotted to persons not entitled thereto. The land in- 
volved in said suits is very valuable by reason of oil and gas de- 
posits. In three cases alone it is estimated that the land in each case 
is worth about $1,000,000. Attemj^ts are being made to file on said 
lands for members of the Creek Nation who either have not received 
allotments heretofore or have lost their allotments in suits in court. 
It is claimed that under existing laws enrolled members of the Creek 
Tribe who have not received allotments have the right to file in allot- 
ment on any of the surplus unreserved public domain of the Creek 
Nation. 

Because of the very great value of the remaining public domain 
of the Creek Nation, including the lands the title to which the 
Government is seeking to recover for the benefit of the Creek Nation, 
it is not believed to be for the best interests of the Creek Nation to 



BD 148 



B 



UNALLOTTED LANDS OF THE CKEEK JS'ATION. \f 

permit such valuable lands to be allotted to individuals who, if such 
lands should be allotted to them would thereby receive allotments of 
a value far in excess of land of tlie averaj^e allottable value. 

This matter Avas the subject of exhaustive hearings before the 
Committees on Indian Affairs of the United States Senate and of the 
House of Representatives durino; the recent session of Congress, and 
there was contained in the Indian appropriation bill, which bill, 
however, failed of passage, the following provision : 

No future aHotinent shall be made in the Creek Nation, except as may be 
hereafter authorized by Congress. 

The object of this order is to withdraw these valuable oil lands 
from allotment to individual members of the Creek Tribe of Indians 
until legislation can be procured making permanent such withdrawal, 
which legislation, it is also expected, will provide for the payment 
to all enrolled and unallotted citizens of the Creek Nation a sum of 
money equal to the appraised value of an average allotment in the 
Creek Nation. 

In vieAV of the great value of the land being sought in allotment 
by certain members of the Creek Tribe of Indians, I feel that every 
effort possible should be made to withhold these lands from allot- 
ment, in order that they might be ultimately sold and the proceeds 
divided among all the members of the tribe. Without passing upon 
the question of whether or not these lands are allottable, under exist- 
ing laws, I respectfully recommend the approval by you of the in- 
closed order. 

Cordially, yours, 

Franklin K. Lane. 

The President, 

The White House. 



TKMPOHAKY WITHDRAWAL OF CUKKK TKIBAT. LANDS FUOM ALLOTMENT. 

It is hereby ordered that all unallotted lands or public domain of the Creek 
Nation or Tribe of Indians in Oklahoma, including any land the title to which 
has been or may be recovered for the Creek Nation in any pending or other 
suit or otherwise, be, and the same is hereby, temporarily withheld from allot- 
ment to members of said nation or tribe, pending the enactment of legislation 
by Congress, during which time no certificate or patent shall be issued convey- 
ing to any member of the Creek Tribe of Indians any of said lands in allot- 
ment. 

Dated this 11th day of March, 1915. 

Franklin K. Lane, 
Secretary of the Interior. 

The White House, 

March 13, 1915. 
Approved. 

WooDROw Wilson. 



December 3, 1915. 
My Dear Mr. Murr^vy: 1 have received your letter of December 1, 
1915, in which you refer to House joint resolution 380, which was 
introduced in the Sixty-third Congress by you, and which had for 
its purpose the withdrawal of the unallotted lands or public domain 
of the Creek Nation from allotment. 



10 UXALLOTTED LANDS OF THE CREEK NATION. 

The remaining tribal land of the Creek Nation is very valuable by 
reason of oil and gas deposits. Attempts are being made by certain 
members of the Creek Nation and other persons claiming to be mem- 
bers to file on said land in allotment. Because of the very great 
value of said remaining public domain of the Creek Nation, including 
the lands the allotment of which was fraudulently obtained and 
which the Government is seeking to recover for the benefit of the 
Creek Nation, it is not believed to be for the best interests of said 
nation to permit such valuable lands to be allotted to individuals 
who, if such lands should be allotted to them. Avould thereby receive 
allotments of a value far in excess of land or the average allottable 
value. In view of the great value of said land I feel that every effort 
possible should be made to withhold it from allotment, as it weuld 
be more equitable that such property should be sold or leased and 
the proceeds deposited to the credit of the tribe for future equal dis- 
tribution among the citizens of the Creek Nation. 

I shall therefore be pleased if the resolution is reintroduced in the 
present Congress and promptly passed. I shall be glad if you will 
urge its passage. A copy of the resolution is transmitted herewith. 
Very truly, yours, 

Cato Sells, C orrmdssion&r. 

Hon. William H. Murray, 

Hou^e of Representatives. 

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